Why court rejected bid to withdraw case against Maasai Mara hotel

Ritz-Carlton Hotel in Maasai Mara. [Courtesy]

The High Court has declined to allow withdrawal of a petition challenging a proposed development in the Maasai Mara ecosystem, ruling that the case raises weighty constitutional and environmental questions of public interest that must be heard and determined on their merits.

Justice Lucy Gacheru, held that although the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, commonly referred to as the Mutunga Rules, permit a petitioner to seek withdrawal of a matter by issuing notice to the court, such withdrawal is not automatic and remains subject to judicial discretion.